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BALTIMORE & O. R. CO. v. UNITED STATES

Civ. Nos. 24435, 24479.

71 F.Supp. 499 (1947)

BALTIMORE & O. R. CO. et al. v. UNITED STATES et al. CLEVELAND UNION STOCK YARDS CO. v. UNITED STATES et al.

District Court, N. D. Ohio, E. D.

March 11, 1947.

Attorney(s) appearing for the Case

Dwight B. Buss, (B. & O. R. R.) G. H. P. Lacey, A. P. Martin, (P. R. R.) Willis T. Pierson, (Erie R. R.) John A. Duncan, (W. & L. E. Ry.), and Robert R. Pierce, (N. Y. C. R. R.) all of Cleveland, Ohio, and Leo. P. Day, (N. Y. C. R. R.), of Chicago, Ill., for plaintiffs.

Case No. 24479.

M. S. Farmer, of Cleveland, Ohio, for plaintiff.

Don C. Miller, Dist. Atty., of Cleveland, Ohio, for the U. S.

Gordon C. Locke, I.C.C., of Washington, D. C., and John P. Staley and Ross D. Rynder, both of Chicago, Ill., for Swift & Co.

Before ALLEN, Circuit Judge, and JONES and FREED, District Judges.

JONES, District Judge.

These two cases, by stipulation of the parties and order of the Court, were consolidated for hearing and decision since they arise out of the same facts and circumstances, and in each case the same order of the Commission is challenged and sought to be enjoined. The plaintiffs in both cases were parties to the proceedings before the Commission and it was against both of them that the Commission issued its single order now under consideration...

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